The draft federal law “On Amendments to the Criminal Code of the Russian Federation” was submitted to the State Duma on December 20 for consideration. It provides for tougher penalties for government officials and law enforcement officers for torturing prisoners and persons under investigation. This is reported on the agency’s website. The initiators of the bill were senators Andrey Klishas, Vladimir Poletaev and State Duma deputy Pavel Krasheninnikov.
“This draft federal law has been developed in cooperation with other state bodies and public organizations and is aimed at modernizing the provisions of the Criminal Code of the Russian Federation establishing responsibility for torture,” the explanatory note to the document says.
What is the essence of the bill?
First of all, the authors of the bill give a clearer definition of the term “torture” – in order to reclassify this crime into the category of particularly serious.In particular, there is such a purpose of using torture as intimidation of a person. Moreover, it is noted that the use of torture to one person can be used to intimidate another person intentionally.
“Torture in this article and other articles of this Code means any action by which severe pain or suffering, physical or moral, is intentionally inflicted on any person in order to obtain information or confessions from him or from a third person, punish him for an action that he or a third person has committed or is suspected of committing, as well as intimidate or force him or a third person, or for any reason based on discrimination of any nature,” the bill says.
In addition, Article 302 “Coercion to testify” of the Criminal Code of the Russian Federation introduces a new subject of crime – a law enforcement officer.
“This will make it possible to bring to justice for torture, including employees of the Federal Penitentiary Service of Russia, and not only investigators or persons conducting an inquiry, as provided for in the current version of the Criminal Code of the Russian Federation,” Krasheninnikov explained.
What punishment does the authorities face for torture?
For forcibly forcing suspects, accused, convicted, victims or witnesses to testify (Article 302 of the Criminal Code of the Russian Federation) or their intimidation (Article 286 of the Criminal Code of the Russian Federation), the authorities will face from 4 to 12 years in prison. They will also be deprived of the right to hold a certain position for up to ten years.
“For torture committed by government officials and persons who are not such, the bill establishes increased responsibility for torture committed by government officials (up to 12 years in prison), transferring this crime to the category of particularly serious,” the authors of the bill reported.
They also stressed that the transfer of torture to the category of particularly serious crimes increases the statute of limitations on such cases, which will allow more effectively implementing the principle of the inevitability of punishment.
What caused the new amendments on torture in the Criminal Code of the Russian Federation?
The reason for the tightening of measures is the recent high-profile scandals related to torture in the colonies of the Saratov region. Recall that in the fall of this year, a human rights project Gulagu.net he released a video recording of torture and rape of prisoners in the Saratov tuberculosis hospital of the Federal Penitentiary Service No. 1, as well as in colonies inBelgorod region and Kamchatka. According to these facts, criminal cases have been initiated, investigations are being conducted. A number of regional officials were removed from their posts.
Information Sources:
er-gosduma.ru/news/pavel-krasheninnikov-nadrugatelstva-nad-zaklyuchennymi-ne-mogut-byt-opravdany-nikakimi-blagimi-namer/
duma.gov.ru/news/53056/
sozd.duma.gov.ru/bill/42307-8